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Wendell Potter

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The Useless Supercommittee

Posted: 11/21/2011 4:31 pm

One of the reasons why Congress has been largely unable to make the American health care system more efficient and equitable is because of the stranglehold lobbyists for special interests have on the institution.

Whenever lawmakers consider any kind of meaningful reform, the proposed remedies inevitably create winners and losers. Physicians' incomes most likely will be affected in some way, as will the profits of all the other major players: the hospitals, the drug companies, the medical device manufacturers, and the insurers, just to name a few. The list is long, and the platoons of highly paid and well-connected lobbyists who represent their interests comprise a large private army that conquered Capitol Hill years ago.

One has to wonder, then, how in the world Congress was able to include a provision in last year's health care reform law to establish an independent board that would strip Congress of some of the authority it currently has -- but rarely is able to exercise -- over the Medicare program.

Everyone knows that without reform, Medicare is not sustainable. As the population ages and medical inflation continues, the amount of money the program will eventually have to pay out to cover beneficiaries' health care needs will exceed revenues.

But because of the power and influence of the lobbyists and the organizations they represent, Congress has not been able to do much more than tinker around the edges. Recognizing that reality, a few lawmakers who were not so beholden to the special interests were able to insert language in the reform law to create a panel of 15 health care experts, to be appointed by the President, called the Independent Payment Advisory Board, or IPAB.

The law says that if Medicare spending grows faster than gross domestic product plus 1 percent, IPAB must submit one or more cost-reduction proposals to Congress. If Congress decides not to approve them but fails to make equivalent cuts of its own, the Department of Health and Human Services would have to enforce the IPAB recommendations.

Well, to hear the lobbyists for the special interests tell it now, nothing possibly could be worse for Medicare beneficiaries. If you think for a minute that they really are concerned more about the health care needs of Medicare beneficiaries than their own incomes, you have fallen victim to their spin.

In their zeal to target the IPAB, the medical and insurance establishment's lobbyists targeted the so-called supercommittee, which is charged with reducing the federal deficit. The chances of this bipartisan group of lawmakers actually fulfilling their responsibility was essentially nonexistent from the day it was formed, but that didn't stop the lobbyists from flooding committee members with appeals to get rid of IPAB. Now that the supercommittee has acknowledged it cannot fulfill its responsibilities, the lobbyists undoubtedly will now hound the rest of Congress to get what they want.

The PR operations of the special interests are also equipping their friends in politics and the media with talking points designed to make the American public afraid of the very idea that some entity other than Congress might make important decisions affecting Medicare. While polls show that the public is increasingly frustrated with the dysfunction that defines Capitol Hill, the special interests thrive on it. Anything other than the status quo is perceived as bad for business and bank accounts.

One of the things they want us to believe is that IPAB will, for all practical purposes, be a rationing board, that it will set up and operate the "death panels" Sarah Palin and others claimed, falsely, that Obamacare would create. They have charged, for example, that the IPAB's recommendations could result in cancer patients being denied access to necessary medications and treatments.

The truth is that the reform law specifically prohibits IPAB from altering benefits or engaging in anything that could be considered rationing, but the truth is frequently an inconvenience to lobbyists and spinmeisters.

Among the lobbying and PR groups that sent letters to the supercommittee urging it kill IPAB is the American Hospital Association, even though it was able to get hospitals exempted from IPAB's recommendations until 2020. The American Medical Association has also weighed in. Physicians, to the AMA's dismay, got no such exemption.

The special interests also want us to fear having an "unelected" panel of "bureaucrats" making decisions that members of Congress -- supposedly accountable to voters -- should continue to make. The problem with that, of course, is that Congress as an institution is not accountable so much to voters as it is to K Street, where many of the lobbying firms have their offices.

Another problem they conveniently avoid mentioning is that the Congressional Budget Office has said that doing away with IPAB would increase Medicare spending by $2.4 billion between 2018 and 2021. Even if the six Republican and six Democrats who comprise the supercommittee could agree on anything, they would be hard pressed to come up with a believable rationale for getting rid of something that would actually help them achieve their goal -- reducing the deficit.

 
 
 

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One of the reasons why Congress has been largely unable to make the American health care system more efficient and equitable is because of the stranglehold lobbyists for special interests have on the ...
One of the reasons why Congress has been largely unable to make the American health care system more efficient and equitable is because of the stranglehold lobbyists for special interests have on the ...
 
 
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Medicine13ear
Joy cometh in the morning.
08:44 AM on 11/26/2011
Strengthen Medicare and Social Security AND make the funding more equitable by having EVERYBODY pay the SAME percentage of FICA (payroll deductions for these Federal Insurance programs) taxes on ALL INCOME OVER $16,000 (ALL income--including INVESTMENT income--and NO CAP).

Everybody pays zero on the first $16K of income. Everybody pays same % on ALL income over $16K.

Medicare/Social Security worries--SOLVED!

Then, Improved Medicare For All--cradle to grave. Healthcare insecurity--SOLVED!

I'd like to see the CBO do a cost savings/efficacy analysis on this plan!!!
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Sock Monkey
Deceive. Inveigle. Obfuscate. The DC mantra.
04:02 PM on 11/22/2011
Congress...the ULTIMATE Liars Paradox.
09:39 AM on 11/22/2011
The real division in America is not between the two corrupt parties but increasingly between those who understand how thoroughly corrupt the system is and those who refuse to acknowledge this reality.
09:27 AM on 11/22/2011
The IPAB is the only good part of the deeply flawed healthcare law. The law as established and with the wonderful self-serving nature of Congress will drive up costs and already has substantial increases in taxation based on the law. Now, Congress is attempt to dismantle the one cost control element of the law, the IPAB. If they collapse this part of the law, the costs will skyrocket and we will truly have a massive albatross of another "benefit" but in this case one that can actually radically damage the prospects for our children
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Ma Lucille
a crack ~ that's how the Light gets in
09:26 AM on 11/22/2011
thank you Mr. Potter!
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bhuddaDoc
A leftward-leaning independent
08:49 AM on 11/22/2011
As a doc, there is only way to deal with this in my opinion. We must extricate ourselves (docs and other providers) from the equation and directly link payor and payee. Patients (payees) must be able to directly submit their bills to Medicare (payor). Providers bill patient and the patient pays providers for their service and THEN submits bill to Medicare for reimbursement. Want to see a firestorm? Wait until the voting public gets stiffed on reimbursement like docs do! Get ready for mass exodus from Medicare when 30% cuts occur.
10:16 AM on 11/22/2011
Yes and No. Insurance companies created a lot of this problem by gaming the bills so docs gamed the bills back (irony - these companies have docs in the ownership). In the mid-80s I was educated in how much the bills were inflated as a way of gaming the insurance companies who routinely cut the amount they would pay the doctors by at least 30%.

There were laws (supposedly) which required that all payors were billed the same, whether me (the patient) or an insurance company. On the surface this sounded like fairness except that I paid the full toot and the insurance companies - because they could - refused and dictated how much they would pay.

So, get rid of insurance companies and bring us care - directly. Create a health care service (like the ones truly advanced and civilized countries have). Get rid of whining about the cost of getting a medical degree by including free education (like a med corps) in exchange for so many years of well paid service in community medicine. That provides each doc with a job and experience. You can still have insurance companies (they will find a new market) and you can still practice higher-dollar medicine separately in private practice.

Everybody gets a reliable source of payment with fewer hassles and no stupid codes. With public health care insurance companies would still only cover a targeted market (something they do now by cutting people off). The docs would get paid reliably.
02:28 PM on 11/22/2011
So you get stiffed?

Does that mean you can only afford six Mercedes Benz's instead of having one for each day of the week? a
08:40 AM on 11/22/2011
I like the part about the members of congress being accountable not to the citizens who elected them, but to the lobbyists for special interests that "supported them".........what a distortion of "democracy"!
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OilFieldGuy101
Support the needy, Oppose the lazy
08:08 AM on 11/22/2011
Dems and Repub alike are controlled by guys with large pockets.....We need new folks who are not in their pockets. I know it is far fetch but we need to throw out most of the folks in the congress and senate and start over with common everyday folks. A government for the people by the people. Not by career politians, some who have never really been in the real world like us. Put some folks in their that have held a job, been laid off before, knows how to balance a check book. Face it guys weather your a teabagger like me or a left wing lib if we used our checkbook like these guys we would be in jail for writing hot checks. Visa will not raise my limit when I am maxed out. They wanted to cut 2 trillion over 10 years??? or some low number but that is not even a start. CUT 2 trillion Today!!! not next year, NOW. Thats the only thing that will save us. Cuts are going to hurt but we need to do it.
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gravityhunter
Lock, wave n pull
07:56 AM on 11/22/2011
I could have sworn that Obama said while campaigning, that he would work to get the lobbyist's
out of washington.....
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Carl Caroli
I just don't understand people
07:51 AM on 11/22/2011
We really need to do away with lobbying. It's destroying our nation in the name of special interests.
08:37 AM on 11/22/2011
Unfortunately, same-old-same-old: Money talks, bullshit walks.
07:39 AM on 11/22/2011
Simply remarkable. That the affordable health care bill would in fact attempt to contain costs. What were those spend, spend, spend, democrats thinking? That is so anti business that its really not worth commenting on. (not really) Foolish idea, attempting to contain the costs of health care. Let the market fix the price, cause the 'market' is always fair and balanced.

Sorry bout the fair and balanced stuff.
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Bart DePalma
Bart DePalma
07:29 AM on 11/22/2011
"The truth is that the reform law specifically prohibits IPAB from altering benefits or engaging in anything that could be considered rationing,'

Read the IPAB provision carefully and the observe what the Obama administration is saying and doing.

The Obama HHS limits rationing to restricting access to a covered treatment or drug and does not consider denying coverage for a treatment it considers non-cost effective to be rationing. The latter method is how IPAB is designed impose de facto rationing.
07:51 AM on 11/22/2011
Currently, private health care insurers simply deny payment for treatments and drugs which should actually be covered in the patient's policy, and dare them to do anything about it. They have an army of lawyers and professional deniers. And their decisions are based on whether paying a claim is compatible with their bottom line to show Wall Street, their fatcat bonuses, and supporting the corporate jets. That is the reality of current rationing.
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Bart DePalma
Bart DePalma
09:00 AM on 11/22/2011
Sorry, that is propaganda. Health insurers pay the vast majority of their claims and then grant most appeals. When the 2009 Dem Congress demanded and received insurer records of denials hoping to find a treasure trove of wrongful denials, the Dems found instead less than 1% of denials were questionable and useful for Obamacare promotion. This is why poll after poll finds that Americans like and want to keep their private health insurance.

On the other hand, there is no appeal from the IPAB. If they deny Medicare coverage for a procedure or drug, it is gone. What makes this worse is that private insurers follow the Medicare coverage system and will likely adopt the IPAB decrees. A death panel indeed.
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10:14 AM on 11/22/2011
This is the one to watch in the Obama Administration

Ezekiel Emanuel is acting as Special Adviser for Health Policy to Peter Orszag, the Director of the Office of Management and Budget.

http://en.wikipedia.org/wiki/Ezekiel_Emanuel
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Si1ver1ock
the bread of wickedness, the wine of violence
07:05 AM on 11/22/2011
The supercommittee was a sham just like the debt ceiling fiasco. It was designed to get congress to the holiday recess without having to do anything. They just ran out the clock...again!
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BigBearcatBill
This is the real Bearcat - a Binturong
05:43 AM on 11/22/2011
Politicians will suck up to lobbyists while the homeless die in the streets of their ciites because they believe this country is too broke to help them.
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undertheinfluence
POW in my own home country
03:27 AM on 11/22/2011
The really infuriating thing about this whole thing is, the republicans insistance on being obstructionists, and doing all they can to undermine Obama's efforts to get America back on track, got America's creditworthiness downgraded.

The republicans have Americans look like fools before the world. 2012 will be the end of them, and Americans can't wait to see it.
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Si1ver1ock
the bread of wickedness, the wine of violence
07:06 AM on 11/22/2011
If we had a fighting president instead of Obama, you would be likely be right.